Tag Archives: withdrawal liability

Court Reaffirms that Private Investment Funds Are Responsible for Portfolio Company’s Pension Liability

The most recent decision in the ongoing Sun Capital saga provides no relief from pension withdrawal liability for private equity funds.  The federal district court for the District of Massachusetts recently reaffirmed its 2016 ruling that two private equity funds were responsible for the unfunded pension liabilities of a bankrupt portfolio company.  Consequently, private equity … Continue Reading

PBGC Changes Section 4062(e) Enforcement Policy, But Not Expansive Interpretation of Section 4062(e)

The Pension Benefit Guaranty Corporation (“PBGC”) recently announced a change to its enforcement policy under ERISA § 4062(e) and issued answers to frequently asked questions on the subject.  The new enforcement policy would impose § 4062(e) liability only on large employers who are not “financially sound.”  As discussed below, however, the new policy does not provide … Continue Reading
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